badrul hisham mohamad said
is the principal of
badrul hisham architect
a medium-sized practice
based in ipoh, perak, malaysia

Friday, March 4, 2011

An overview of the Uniform Building By-Laws, 1984 & the Amendments 2007 [Part 3/5]

3.0 THE UNIFORM BUILDING BY-LAWS, 1984

Prior to the gazette of Act 133 - the Street, Drainage & Building Act, 1974, many parties, especially architects and engineers, had to study and implement the varying requirements of the many Local Authorities. To resolve the confusions and frustrations of having too many local by-laws and regulations on buildings, the precursor of the Pertubuhan Akitek Malaysia [PAM], the Federation of Malaya Society of Architects [FMSA], initiated in 1963 the setting up of a Uniform Building Legislation Committee to push for a nationwide uniform building by-laws. A parallel committee also was set up by the Commissioner of Town and Country Planning to come up with a nationwide Uniform Planning Legislation Committee

The said committees did not make much progress then. However, much later, i.e. in the early 1970s, when a number of building-related catastrophe such as the collapse of flats and uncontrolled major fire occurred in Kuala Lumpur, the Ministry of Local Government and Housing then instructed a review of the various building and planning legislations in respond to these catastrophe.

As a result, a draft uniform building by-laws was issued in 1973, with further amendments in 1974.

The Building By-Laws, which was the pre-cursor to the Uniform Building By-Laws, 1984, was based on the existing Kuala Lumpur and Singapore legislations and recommendations from the Building Research Station, UK. The By-Laws were compiled under the provisions under Section 113 - By-laws - in the Street, Drainage & Building Act, 1974.

In 1976, a Uniform Building Regulations Standing Committee, comprising public and private sectors, made a review of the Kuala Lumpur Municipal (Building) (Amendments) By-Laws, 1975 and it was adopted as the model for the draft Uniform Building Regulations. From this effort, the Ministry of Housing and Local Government issued the draft as the Uniform Building By-Law, 1976. 1978 amendments included updates on fire requirements on buildings.

The objectives behind the formulation of the Uniform Building By-Laws, 1984 [UBBL], among others were to:

Set a standardized building regulations for the whole of Malaysia and applicable to all Local Authorities and building professionals,

Clarify line of legal responsibilities for buildings with clear definitions on the Principal Submitting Persons,

Expedite the processing and building approvals and occupation of buildings,

It was later gazetted in 1985 as the Uniform Building By-Laws, 1984 [UBBL].

A number of amendments had since been made to the UBBL. Later additions made references to the Fire Services Act, 1988 and compliance to the Code of Practice for Access for Disabled People to Public Buildings, 1991 [with reference to the Malaysian Standard MS1184:1991].

The very recent amendments were drafted in 2007 to incorporate the amendments to the Street, Drainage & Building Act, 1974 with regard to the Certificate of Completion and Compliance [CCC].

3.1 THE MAIN PARTS IN THE UBBL

The UBBL defines the following:

PART I - Definitions and interpretations used in the by-laws [By-Laws Sections 1 - 2],

PART II - The procedures for submitting plans to the Local Authorities for their approval for permanent and temporary buildings, advertisement and perimeter hoardings [By-Laws Sections 3 - 29],

PART III - The required space [dimensions], light and ventilation to be provided in buildings [By-Laws Sections 30 - 47],

3.2 THE KEY AMENDMENTS TO THE UBBL (Soon to be gazetted AMENDMENTS 2007)

1. Amendments to By-Law 2

2 (c) “Principal Submitting Person” means a qualified person who submits building plans to the local authority for approval in accordance with these By-Laws and includes any other qualified person who takes over the duties and responsibilities of or acts for the first-mentioned qualified person in accordance with by-law 7.

2(d) “qualified person” means a Professional Architect, Professional Engineer or building draughtsman registered under any written law relating to the registration thereof.

2(f) “building plans” means plans that include site plans, key plans, floor plans, sections and elevations of buildings, and are as stipulated under by-laws 8, 9 and 10.

2. Substitution of By-Law 25: “Certificate of Completion and Compliance”

25(1) A certificate of completion and compliance in Form F as set out in the Second Schedule shall be issued by the principal submitting person –

a. when all the technical conditions as imposed by the local authority have been duly complied with;

b. when Forms G1 to G21 in respect of stage certifications as set out in the Second Schedule have been duly certified and received by him;

c. when all the essential services, including access roads, landscape, car parks, drains, sanitary, water and electricity installations, fire hydrants, sewerage and refuse disposal requirements and, fire lifts where required, have been provided; and

d. when he certifies in Form F that he has supervised the erection and completion of the building and that to the best of his knowledge and belief the building has been constructed and completed in accordance with the Act, these By-Laws and the approved plans.

25(2) Upon the issuance of the certificate of completion and compliance, the principal submitting person accepts full responsibility for the issuance of the certificate of completion and compliance and he certifies that the building is safe and fit for occupation.

25(3) The principal submitting person shall within fourteen days from the issuance of the certificate of completion and compliance or partial certificate of completion and compliance, as the case may be, deposit a copy of the said certificate and the Form G1-G21 with the local authority and the Board of Architects Malaysia or Board of Engineers Malaysia, as the case may be.

25(4) Nothing contained in this by-law shall prevent the local authority or any officer authorised by it in writing for the purpose, from inspecting any building works at any stage thereof and calling attention to any failure to the building or non-compliance with these By-laws which he may observe and, giving notice in writing to the principal submitting person ordering such failure or non-compliance to be rectified.

25(5) Subject to paragraph (4), the local authority may issue a directive in writing to the principal submitting person to withhold the issuance of the certificate of completion and compliance or partial certificate of completion and compliance, as the case may be.

25(6) The principal submitting person shall within twenty-one days after the receipt of the notice issued in pursuance of paragraph (4) or such further period as may be approved by the local authority, rectify the failure or non-compliance.

25(7) When the principal submitting person has rectified the failure or non-compliance, he shall issue a notice to the local authority confirming that such rectification works have been satisfactorily completed.

25(8) Upon receipt of the notice as mentioned in paragraph (7), the local authority shall within fourteen days from the receipt of such notice inspect the building to confirm that the failure or non-compliance has been satisfactorily rectified.

25(9) When the local authority is satisfied that the failure or non-compliance as stipulated in paragraph (4) has been satisfactorily rectified, the local authority shall issue a directive in writing to the principal submitting person to issue the certificate of completion and compliance or partial certificate of completion and compliance, as the case may be.

25(10) When the local authority does not carry out the inspection of rectification works in pursuance of paragraph (8) within the period as stipulated in that paragraph, it shall be deemed that the local authority is satisfied that the rectification works have been satisfactorily completed.

25(11) When the failure or non-compliance is not rectified by the principal submitting person within the period stipulated in paragraph (6), the local authority may itself cause any work to be executed or any measure to be taken if it considers such work or measure is necessary to rectify the non-compliance.

25(12) The cost for executing such work or taking such measure as referred to in paragraph (11) shall be borne by the owner of the building.

25(13) The certificate of completion and compliance or partial certificate of completion and compliance, as the case may be, shall not be issued by the principal submitting person until all the failures or non-compliances in respect of the building has been satisfactorily rectified.

27(1) The principal submitting person may issue a partial certificate of completion and compliance in Form F1 as set out in the Second Schedule in respect of any part of a building partially completed subject to any condition imposed by the local authority which it deems necessary for reasons of public health and safety.

Provided that no such certificate shall be issued unless all the essential services, including access roads, landscape, car parks, drains, sanitary, water and electricity installations, fire hydrants, sewerage and refuse disposal requirements and, fire lifts where required, serving the partially completed portion of the building have been provided.

27(2) A partial certificate of completion and compliance once issued shall remain effective until the whole of the building is completed and a certificate of completion and compliance is issued in pursuant of by-law 25,

4. Substitution of By-Law 28: “Offences”

28(1) Where the principal submitting person fails to deposit a copy of the certificate of completion and compliance or partial certificate of completion and compliance, as the case may be, and the Forms G1-G21 within the period stipulated in paragraph 25(3) with the local authority and the Board of Architects Malaysia or Board of Engineers Malaysia, as the case may be, he shall be guilty of an offence.

28(2) Where the principal submitting person or submitting person fails to comply with the notice issued by the local authority in respect of the rectification of any failure to the building or non-compliance with these By-laws in accordance with paragraph 25(4), he shall be guilty of an offence

Salam aleakun sir, please i will like to know if there is an amendment on the natural lightening and ventilation part of the law. thanks so much, you can email me through: aminatibiyeye@yahoo.com. thanks

salaamat the moment i am not aware of any changes to the lighting and ventilation sections but there are different interpretations by municipal officers on how to calculate the % for lighting and ventilation.you have to check with the respective municipalities to check how they calculate the %.

Under the building by law, does an attic considered another storey of a building?

I have a single storey terrace house which had undergone extensive renovation, alteration and extension with an attic constructed above. Access to the attic is via a concrete staircae (laid with granite tiles) situated at the middle portion of the building.

The roof of the subject building has been raised to accomodate the attic and the side and front portions of the subjuect building have been extended substantially. The extensions are of similar construction as the main building. All the windows are of glass panels on aluminium frames.

The accomodations at the attic consists of the following:

1) Hall2) Two bedrooms3) One dressing room4) Two bathrooms

Thus, is the building considered a single storey house or double storey.

Unfortunately, there is no clear definition of an attic in our bylaws that I can find. And the addition is not a mezzanine with the accommodations as described. A one and a half storey would have maybe a bedroom and a bathroom upstairs.

Personally, I would define it as a double storey house since the floor accommodates what is quite common in some double-storey houses.

assalamualaikum encik badrul hisham. my name is nur azlina. i am a master student (from faculty of law) and am currently doing research on the urban surveillance. i would like to know which law or legislation relates to the topic of urban surveillance specifically on safe city concept .since you are an architect i would would be grateful if you can give me some directions on the abovementioned matter.thank you.

at the moment apart from the municipality enforced conditions in development applications, i am not aware of any specific building related laws covering urban surveillance for safe city concept.

to know more on this, i would imagine that one of the best places you could pursue the matter would be with the representatives at Bahagian Penyelidikan dan Perundangan Teknikal, Kementerian Perumahan dan Kerajaan Tempatan who set policies on municipalities scope of responsibilites.

Height restrictions for buildings near airports are very site / location specific and also under DCA | Jabatan Penerbangan Awam as well as the local government.I am not able to help you on this.You will have to refer to the specific DCA office and the local government which govern the airport location you wish to deal with.

Assalamualaikum, my name is Ahmad Fuad. I would like to know based on the 2007 amendment, does 'Temporary Facilities', e.g site office, temporary accomodation for worker, etc., for the major construction site must follow the minimum size (area), and head room or ceiling height? fuadw62@yahoo.com

I believe the UBBL 2007 version did not amend any condition from the 1984 version with regard to Temporary Facilities.

So my answer is in reference to the 1984 version.Temporary Facilities are meant to be temporary installations and hence will be treated under Temporary Permits [UBBL : Clause 19]

If you read UBBL : 19(2)the clause states that a temporary permit may be issued at the discretion of the PBT and shall be subject to all or some of the conditions set out in the First Schedule - which basically refer to fees payable only and none on constructional requirements.The clause does not state conditions of compliance to any other clauses of the UBBL. But, it does not also state whether all other conditions within the UBBL are waived.

But since the temporary permit is issued at the discretion of the PBT, you are well advised to consult the PBT for their specific conditions for approval.

assalamualaikum encik badrulhisham, nama saya abdullah azim,an architecture student(degree) in uitm shah alam. currently, we got an assestment to do a site analysis for a studio office home office(soho) in kuala lumpur (at jalan berangan and jalan walter granier).i would like to know more about the uniform building in law at that area.if u have the softcopy of the uniform building by law,could you email it to me?Appreciate your comment on the aboveemail :azimroslan69@gmail.comthank you:)

Basically, the positions and responsibilities of architects and engineers are the same under Certificate of Fitness for Occupation / CF and now under Certification of Completion and Compliance / CCC.

During the CF days, the architects and engineers were responsible for the design, construction and completion of buildings but the responsibilities of allowing occupancy of the building was by the local authorities.

Under the self certification via CCC, the differences are only that :

1. the professionals are required to formally sign-off each stage of the Work to mark its completion and compliance to the approved building plans and at the end of the project forward the record to the local council and relevant professional bodies. this record is in the form of a compilation of Borang G1 - G21 and Borang F to represent the CCC.before this the engineers and architects still certify the completion and compliance of the work to the approved plans but not in a formal way. the professionals still need to inspect and supervise the Works before this under the CF regime and now under the CCC system. otherwise there is no way the professionals can certify anything.

2. after clearance from the relevant technical departments such as JKR and IWK, and the local council departments, the professionals, architects or engineers, will issue the CCC instead CF by the local council confirming the fitness for occupation.

After going through the process we find that the CCC procedures in relation to the CF did not save that much time because of item 2 above. we still have to get clearances from a number of governmental technical departments, semi-private entities and the local council's internal departments before we can issue the CCC. before this, under CF the issuance of CF was by the local authorities and that is also upon clearances by the same departments.the CCC is as if its CF under a different names and guises.that all..